Partly allowed

Biswaranjan Swain v. R.T.O., Ctc

Orissa HC30 Jun 2022WP(C)/16146/2022

Case brief

AI extract

What is this about?

In a hybrid mode, the Court disposed of a writ petition seeking acceptance of arrear tax and waiver of penalties for a vehicle. The Court directed the authority to accept tax payment if filed within four weeks upon an undertaking to challenge penalties, and granted future fitness/permit upon compliance.

What did the court decide?

Directed the authority to accept arrear tax within four weeks if the petitioner files an undertaking to appeal against penalties.

Biswaranjan Swain Vs R.T.O., Ctc — Service and Employment | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.16146 OF 2022

¶2

Biswaranjan Swain Petitioner

¶3

Mr. K.C. Majhi, Advocate

¶4

-versus-

¶5

…. Regional Transport Officer, Cuttack Opp. Parties and another

¶6

Mr. Pravakar Behera, Standing Counsel (For Transport Department)

¶7

CORAM:

¶8

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.06.2022

This matter is taken up through hybrid mode.

¶14

The Petitioner in this writ petition prays for a direction for acceptance of arrear tax amount by exempting penalties due to non-payment of tax of the vehicle bearing Registration No.OD-05-AW-2940 for the period from 1^st October, 2021 to 30^th June, 2022 within the stipulated period.

¶15

Mr. Majhi, learned counsel for the Petitioner submits that the Petitioner may be permitted to pay the arrear tax and move the appellate authority challenging imposition of penalties. He further submits that due to some inadvertency, the Petitioner could not pay the tax in time in respect of the aforesaid vehicle for which the authorities have imposed penalties. He, therefore, prays for a direction for waiver of the penalties and acceptance of the arrear tax in question.

¶16

Mr. Behera, learned Standing Counsel for the Transport Department submits that similar writ petitions have been disposed of granting liberty to the Petitioner to pay the arrear tax and file an appeal before the appellate authority assailing

¶17

Page 1 of 2

¶18

// 2 //

¶19

imposition of penalties.

¶20

Taking into consideration the submissions of learned counsel for the parties, this writ petition is disposed of with a direction that in the event the Petitioner pays the arrear tax in respect of the vehicle bearing Registration No.OD-05-AW-2940 within a period of four weeks and gives an undertaking to the effect that he will file an appeal before the appellate authority for waiver of the penalties, the appropriate authority shall accept the same and proceed in accordance with law. On payment of outstanding tax amount and upon filing of an application, if any, the authority shall consider issuance of permit and fitness certificate in respect of the aforesaid vehicle in accordance with

¶21

bks

¶22

law.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge

¶23

Page 2 of 2

Biswaranjan Swain v. R.T.O., Ctc

Case brief

What is this about?

What did the court decide?

Biswaranjan Swain v. R.T.O., Ctc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Prafulla Panigrahi Vs State of Odisha

Barada Prasanna Mohanty Vs State of Odisha

Sourav Swain Vs R.T.O, Cuttack

Karanikar Naik Vs R.T.O. Chandikhole

Arun K.Dash Vs Monalisa Mishra

Madhab Kalia Vs State and Anr.